Terminos y Condiciones.

Universal terms of service for Hostsistemas, LLC

This Agreement ("Agreement") is by and between Hostsistemas, LLC. (" Hostsistemas ") an Florida Corporation and You,  and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Hostsistemas services (“Services”) and explains Hostsistemas obligations to You and Your obligations to Hostsistemas in relation to the Services You purchase.

This Agreement as well as any additional  Hostsistemas policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Hostsistemas concerning Your use of Hostsistemas Services, and supersede and govern all prior proposals, agreements, or other communications. All Hostsistemas policies and agreements specific to particular  Service are incorporated herein and made part of this Agreement by reference, including the dispute policy (“UDRP”). By purchasing Hostsistemas  Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Hostsistemas may establish from time to time, and any agreements that Hostsistemas is currently bound by or will be bound by in the future.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Hostsistemas , whether or not the transactions were in Your behalf. You acknowledge that Hostsistemas acceptance of any application made by You for Services provided by Hostsistemas will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Miami, Florida, USA.

A. GENERAL TERMS APPLICABLE TO ALL SERVICES

1.TERM OF AGREEMENT; MODIFICATIONS.
You agree that Hostsistemas may modify this Agreement and the Services from time to time. You agree to be bound by any changes Hostsistemas may reasonably make to this Agreement when such changes are made. If You have purchased Services  from Hostsistemas , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, Hostsistemas will not refund any amounts You have paid. You agree that Hostsistemas shall not be bound by any representations made by third parties who You may use to purchase Services from Hostsistemas , and that any statement of a general nature, which may be posted on Hostsistemas Web site or contained in Hostsistemas promotional materials, will not bind Hostsistemas . Hostsistemas may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Hostsistemas should You desire to terminate Your use of Hostsistemas Services. Notification of Your intent to terminate must be provided to Hostsistemas no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to Hostsistemas , as needed, while You are using Hostsistemas Services. You agree You will notify Hostsistemas within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Hostsistemas to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree that Hostsistemas may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Hostsistemas Privacy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Hostsistemas has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Hostsistemas has the absolute right, in its sole discretion, to terminate its Services and close your account.

3. PRIVACY.
You can view Hostsistemas Privacy Policy which is incorporated herein by reference, as it is applicable to all Company Services. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Hostsistemas immediately of any unauthorized use of Your account or any other breach of security. You agree Hostsistemas will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Hostsistemas or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Hostsistemas specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Hostsistemas Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Hostsistemas if, for any reason, Hostsistemas takes corrective action with respect to Your improper or illegal use of its Services.
Hostsistemas reserves the right at all times to disclose any information as Hostsistemas deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hostsistemas sole discretion.

If You have purchased Services, Hostsistemas has no obligation to monitor Your use of the Services. Hostsistemas reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Hostsistemas reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
Hostsistemas reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Hostsistemas or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Hostsistemas may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, Hostsistemas may also cancel Your use of the Services, after thirty (30) days, if You are using the Services in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm minors in any way. Notwithstanding anything to the contrary herein, in the event Hostsistemas cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Hostsistemas in connection with the Services being canceled. In the event Hostsistemas deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Hotsistemas if, for any reason, Hostsistemas takes corrective action with respect to Your improper or illegal use of its Services.

NO SPAM; LIQUIDATED DAMAGES.

You agree Hostsistemas may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Hostsistemas liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Hostsistemas actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Hostsistemas Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all Hostsistemas Services and are incorporated herein.

6. INTELLECTUAL PROP.
You agree that Hostsistemas or its licensor holds all rights, title and interest in all Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the Hostsistemas Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Hostsistemas or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Hostsistemas or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

7. USE OF HOSTSISTEMAS  SOFTWARE.
If You have licensed software from Hostsistemas, Hostsistemas grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
Hostsistemas serves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Hostsistemas. The source code and its organization are the exclusive property of Hostsistemas and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Hostsistemas 

Hostsistemas provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

8. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

Hostsistemas expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Hostsistemas , as well as its affiliates, subsidiaries, officers, directors and employees. Hostsistemas also reserves the right to freeze a domain name during resolution of a dispute.

11. LIMITATION OF LIABILITY
IN NO EVENT SHALL HOSTSISTEMAS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF HOSTSISTEMAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Hostsistemas liability is limited to the full extent permitted by law. You agree that in no event shall Hostsistemas maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from Hostsistemas.

9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Hostsistemas and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Hostsistemas whether or not on Your behalf, and whether or not with Your permission) use of the Services You purchased from Hostsistemas or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Hostsistemas harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Hostsistemas be notified of a pending law suit, or receive notice of the filing of a law suit, Hostsistemas may seek a written confirmation from You concerning Your obligation to indemnify Hostsistemas . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Hostsistemas shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Hostsistemas of any such claim promptly in writing and to allow Hostsistemas to control the proceedings. You agree to cooperate fully with Hostsistemas during such proceedings.

You agree to cooperate fully with Hostsistemas during such proceedings. You agree You will not be entitled to a refund of any fees paid to Hostsistemas if, for any reason, Hostsistemas takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Hostsistemas is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with Hostsistemas , that Hostsistemas , in its sole discretion, may take whatever action Hostsistemas deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled entered into in the State of Florida. arising out of this Agreement.

Except for disputes concerning the user of a domain name registered with Hostsistemas , You agree that the laws and judicial decisions of Miami City, Florida, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Miami City, Florida. For the adjudication of disputes concerning the use of any domain name registered with Hostsistemas , You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Florida located in Miami, Florida.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or

10. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from Hostsistemas to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Hostsistemas . In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Hostsistemas shall be made either by email, sent to the address provided on the Hostsistemas Web site, or first class mail to Hostsistemas address at:
Hostsistemas LLC. 6718 NW 72nd. Ave, SUITE A-2952 , Miami , FL 33166

11. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Hostsistemas regarding the Services contemplated herein.

12. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Hostsistemas liable for any of the consequences of such interruptions.

13. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.


 
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